Carrying a concealed handgun; firefighters and emergency medical services providers. Provides that any firefighter or person employed as emergency medical services personnel may carry a concealed handgun while engaged in the performance of his official duties, provided that such firefighter or person employed as emergency medical services personnel has been approved to carry a concealed handgun by his fire chief or emergency medical services chief. The bill requires the Department of Criminal Justice Services, in consultation with the Office of Emergency Medical Services of the Department of Health and the Department of Fire Programs, to develop a model policy regarding carrying a concealed handgun for firefighters and emergency medical services personnel.

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VCDL CommentsThis bill allows a firefighter or EMS employee with a CHP to carry on duty wherever he may go with approval and policies set by his employer.

VCDL CommentsThis bill creates a special license plate which states "STOP GUN VIOLENCE." The license plate's proposed wording implies that violence which is not committed with a firearm is somehow acceptable by comparison, or that the inanimate object itself is responsible for human violence. A large number of people are killed or seriously hurt each year after being attacked with hands and feet, bats, rocks, knives, hammers, etc. Better wording for the license plate, assuming the idea is to stop violence and not to merely villainies gun ownership, should be simply, "STOP VIOLENCE."

Landlord and tenant law. Removes remaining differences between general landlord and tenant provisions and the Virginia Residential Landlord and Tenant Act by conforming provisions pertaining to residential dwelling units in the following areas: (i) termination of a nonresidential tenancy by self-help eviction or by filing an unlawful detainer action; (ii) tenant obligations to maintain a dwelling unit; (iii) notice to the tenant in the event of foreclosure; (iv) wrongful failure to supply heat, water, hot water, or essential services; (v) prohibited provisions in the rental agreement; (vi) early termination of a rental agreement by military personnel; and (vii) remedies for the landlord's failure to deliver possession. The bill also makes the following changes to landlord and tenant law: (a) clarifies the lease termination process; (b) provides that if a tenant allows his renter's insurance to lapse, the landlord may provide coverage and require the tenant to pay the premium; (c) establishes protection for landlords who provide tenant information to a federal census official; (d) authorizes a landlord or property manager to appear in court to seek final rent and damages related to a dwelling unit; and (e) clarifies remedies for a tenant's failure to prepare the dwelling unit for insecticide or pesticide applications.

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VCDL CommentsThis bill does not improve protections for gun rights but merely consolidates code sections, which includes some protections for gun owners in public housing.

Involuntary mental health treatment; minors; access to firearms. Provides that a person who, while a minor 14 years of age or older, was ordered to involuntary inpatient or outpatient treatment or was subject to a temporary detention order and agreed to voluntary admission (i) is subject to the same restrictions on possessing, purchasing, or transporting a firearm as an adult who was similarly ordered to involuntary treatment or was subject to a temporary detention order and agreed to voluntary admission and (ii) may utilize the same procedure as such adult for petitioning for the restoration of such person's firearm rights. The bill also sets out procedures for the submission of any involuntary treatment order or certification of voluntary admission subsequent to a temporary detention order involving a minor 14 years of age or older to the Central Criminal Records Exchange for purposes of determining a person's eligibility to possess, purchase, or transport a firearm that mirror the current procedures for the submission of such orders or certifications for adults.

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VCDL CommentsThis bill takes away the rights of a child 14 years-of-age or older to possess firearms if he is ordered by the court either to be involuntarily admitted or to mandatory outpatient mental-health treatment.

Carrying dangerous weapon to place of religious worship. Repeals the statutory prohibition on carrying a gun, pistol, bowie knife, dagger, or other dangerous weapon, without good and sufficient reason, to a place of worship while a meeting for religious purposes is being held at such place.

VCDL CommentsThis bill repeals the prohibition on carrying of firearms in a place of worship during a service, unless a person has "good and sufficient reason" to do so. This is a Jim Crow-type law where "good and sufficient reason" is not defined anywhere and it is totally at the discretion of each judge as to whether a person falls under that exemption. Also, what is a "place of worship?" If a person has a prayer group in their home, is it considered a service in a "place of worship" at that time? The Commonwealth should not be dictating to churches what they can or cannot do as far as their own security. Also, churches can still prohibit or restrict guns using Virginia's trespass laws, which have more severe penalties than 18.2-283.

Firearms in locked vehicles; immunity from liability. Provides that no person, property owner, tenant, employer, or business owner may (i) prohibit a person who lawfully possesses a firearm from storing that firearm or ammunition for a firearm in a locked motor vehicle, (ii) take any adverse employment action against an employee or contractor for lawfully storing a firearm or ammunition for a firearm in a locked motor vehicle, or (iii) search an employee's or contractor's motor vehicle or require that an employee or contractor consent to such a search as a condition of employment. The bill allows a person to petition a circuit court for an injunction to enforce his right to lawfully store a firearm or ammunition for a firearm in a locked motor vehicle. The bill provides immunity for any person, property owner, tenant, employer, or business owner in a civil action for any occurrence resulting from the use of a lawfully stored firearm or ammunition for a firearm. The provisions of the bill do not apply to (a) property owned or controlled by the federal government, (b) vehicles on property controlled by an employer required to develop and implement a security plan under federal law or regulation, (c) property on which a person is prohibited by law from possessing a firearm, (d) vehicles owned or leased by an employer or business entity and used by an employee or contractor in the course of his employment, or (e) personal vehicles while such vehicles are being used for the transport of consumers of programs licensed by the Department of Behavioral Health and Developmental Services.

VCDL CommentsThis bill protects lawfully possessed firearms which are stored in a locked private motor vehicle from being prohibited in parking lots. It also prohibits motor vehicles from being searched by anyone other than a law enforcement officer and prohibits requiring a person to consent to having their car searched as a condition of employment. Certain exceptions are allowed. This bill allows a person to be lawfully armed to and from most parking areas in the state.

Concealed handgun permit; expiration date. Extends from five to 15 years the validity of a concealed handgun permit.

VCDL CommentsThis bill makes a Virginia concealed handgun permit valid for 15 years instead of 5 years. This reduces the amount of work Circuit Court Clerks have to do on permit issuance and it is much more convenient for the permit holder.

Firearms in courthouses. Allows a person who may lawfully possess a firearm or ammunition for a firearm to carry a firearm or ammunition for a firearm into an area courthouse that is being used exclusively for purposes other than judicial proceedings outside of the courthouse's normal hours of operation.

VCDL CommentsThis bill allows the otherwise lawful carry of firearms and ammunition into a courthouse area that is being used exclusively for purposes other than judicial proceedings after a court's normal hours of operation. Some localities in Virginia hold Board of Supervisors and other meetings in courtrooms at night.

Right to keep and bear arms. Codifies the opinion of the Supreme Court of the United States in District of Columbia v. Heller, 554 U.S. 570 (2008), that the right to keep and bear arms conferred by the United States Constitution and the Constitution of Virginia is an individual right.

VCDL CommentsThis bill codifies that the right to keep and bear arms is an individual right not connected to military service per District of Columbia v. Heller 554 U.S. 570 (2008).

Carrying concealed handguns; protective orders. Authorizes any person 21 years of age or older who is not prohibited from purchasing, possessing, or transporting a firearm and is protected by an unexpired protective order to carry a concealed handgun for 45 days after the protective order was issued. The bill provides that if the person issued the protective order applies for a concealed handgun permit during such 45-day period, such person will be authorized to carry a concealed handgun for an additional 45 days and be given a copy of the certified application, which shall serve as a de facto concealed handgun permit. The bill requires such person to have the order or certified application and photo identification on his person when carrying a concealed handgun and to display them upon demand by a law-enforcement officer; failure to do so is punishable by a $25 civil penalty.

VCDL CommentsThis bill provides that a protective order will act as a temporary concealed handgun permit for 45 days. If the person who is protected by the order applies for a concealed carry permit, then the temporary permit will be extended another 45 days to allow for processing of the application. The person must be at least 21-years-old and be able to purchase, possess, and transport a firearm legally. This bill will actually make a person with a protective order safer, unlike all the other protective order laws.

Absentee voting; eligibility of persons whose polling place prohibits firearms. Entitles any person who may otherwise lawfully carry a firearm to vote absentee if his polling place is located in a building or on property where such possession is prohibited by law or is prohibited by the owner of the private property.

Carrying dangerous weapon to place of religious worship; repeal. Repeals the statutory prohibition on carrying a gun, pistol, bowie knife, dagger, or other dangerous weapon, without good and sufficient reason, to a place of worship while a meeting for religious purposes is being held at such place.

VCDL CommentsThis bill repeals the prohibition on carrying of firearms in a place of worship during a service, unless a person has "good and sufficient reason" to do so. This is a Jim Crow-type law where "good and sufficient reason" is not defined anywhere and it is totally at the discretion of each judge as to whether a person falls under that exemption. Also, what is a "place of worship?" If a person has a prayer group in their home, is it considered a service in a "place of worship" at that time? The Commonwealth should not be dictating to churches what they can or cannot do as far as their own security. Also, churches can still prohibit or restrict guns using Virginia's trespass laws, which have more severe penalties than 18.2-283.

Concealed handgun permits. Allows any person who is otherwise eligible to obtain a concealed handgun permit to carry a concealed handgun without a permit anywhere he may lawfully carry a handgun openly within the Commonwealth.

VCDL CommentsThis bill allows a person who would qualify to get a Virginia concealed handgun permit to be able to carry a concealed handgun without a permit anywhere that person could lawfully openly carry a handgun. This is referred to as "Constitutional Carry," which Virginia currently has only for openly carried handguns. Currently thirteen other states have Constitutional Carry: Alaska, Arizona, Arkansas, Idaho, Kansas, Maine, Mississippi, Missouri, New Hampshire, North Dakota, Vermont, West Virginia, and Wyoming. Eighteen other states plan to introduce it or have introduced it: Colorado, Georgia, Indiana, Iowa, Kentucky, Louisiana, Nevada, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, and Wisconsin. None of the states that have adopted Constitutional Carry have repealed it.

Restoration of firearms rights; report to State Police. Provides a mechanism for reporting to the Department of State Police when a circuit court restores a felon's right to possess, transport, and carry a firearm, ammunition for a firearm, or a stun weapon. The bill provides that if a court enters an order restoring a felon's right, the order shall contain the felon's name and date of birth and the clerk of the court shall certify and forward the restoration order to the Central Criminal Records Exchange (CCRE). The bill provides that the Department of State Police, upon receipt of the restoration order, shall enter the felon's name and description in the CCRE so that law-enforcement personnel accessing the CCRE will be aware of the order's existence. The bill has a delayed effective date of July 1, 2019.

Concealed handgun permits. Allows any person who is otherwise eligible to obtain a concealed handgun permit to carry a concealed handgun without a permit anywhere he may lawfully carry a handgun openly within the Commonwealth.

VCDL CommentsThis bill allows a person who would qualify to get a Virginia concealed handgun permit to be able to carry a concealed handgun without a permit anywhere that person could lawfully openly carry a handgun. This is referred to as "Constitutional Carry," which Virginia currently has only for openly carried handguns. Currently thirteen other states have Constitutional Carry: Alaska, Arizona, Arkansas, Idaho, Kansas, Maine, Mississippi, Missouri, New Hampshire, North Dakota, Vermont, West Virginia, and Wyoming. Eighteen other states plan to introduce it or have introduced it: Colorado, Georgia, Indiana, Iowa, Kentucky, Louisiana, Nevada, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, and Wisconsin. None of the states that have adopted Constitutional Carry have repealed it.

Disqualifications for a concealed handgun permit; adjudications of delinquency. Provides that an individual is not disqualified from obtaining a concealed handgun permit on the basis of prior convictions or adjudications of delinquency if the individual's right to possess a firearm has been restored. The bill also reduces the length of time a conviction or adjudication of delinquency serves as a disqualifier for a concealed handgun permit from 16 years to 10 years.

VCDL CommentsThis bill changes current law that automatically restores gun rights (with certain exceptions) at age 29 to those who were adjudicated delinquent for a crime that would have been a felony if committed by an adult. Current law allows these same persons to apply for a concealed handgun permit once 16 years have passed since their adjudication. This bill reduces that time to 10 years and allows those who have successfully petitioned the courts to have their rights restored prior to age 29 to immediately apply for a concealed handgun permit.

Possession of concealed handguns; concealed handgun permit holders at public institutions of higher education. Allows any person who possesses a valid Virginia concealed handgun permit or a concealed handgun permit from another state that is recognized by Virginia to carry a concealed handgun on the property of, in buildings owned by, or at events hosted at public institutions of higher education. The bill provides an exception that may prohibit firearms in facilities operated by the Department of Behavioral Health and Developmental Services or a campus police department of a public institution of higher education if such facilities are located on the property of or in buildings owned by a public institution of higher education.

VCDL CommentsThis bill allows anyone with a concealed handgun permit to carry at public colleges and universities. In Virginia, Liberty University has had this policy for several years now and it has been completely successful. Before a blanket community-college rule change several years ago, Blue Ridge Community College allowed carry, again without incident. Armed students stopped a shooting rampage at the Appalachian School of Law in Grundy, VA in 2002. More and more states are allowing carry in higher education and all have done so successfully. The people who will be carrying are over 21 and are already carrying outside of the college or university.

Application for a concealed handgun permit. Allows a Virginia resident or domiciliary to submit an application for a new concealed handgun permit via mail. Currently, only persons who have previously been issued a concealed handgun permit may submit an application via mail.

VCDL CommentsThis bill is a clean up bill that clarifies that a new applicant for a concealed handgun permit can apply through the mail and not have to appear in person.

Concealed handgun permits; sharing of information. Prohibits sharing of information regarding Virginia concealed handgun permits in the Virginia Criminal Information Network with law enforcement in states that do not recognize a Virginia concealed handgun permit as valid in the state. The bill requires the Department of State Police to maintain and publish online a list of states that recognize a Virginia concealed handgun permit as valid in the state. The bill does not create a private cause of action.

VCDL CommentsThis bill prohibits the Virginia State Police from providing Virginia concealed handgun permittee information to law enforcement in states that do not recognize Virginia concealed handgun permits. This would prevent states that are hostile to gun ownership, such as Maryland, from going on "fishing trips" to find an excuse to arrest or harass Virginia concealed handgun permit holders.

Nonresident concealed handgun permits; time of issuance. Requires the Department of State Police (Department) to issue a concealed handgun permit to a nonresident within 45 days of receipt of the nonresident's completed application unless it determines that he is disqualified. The bill provides that the Department shall certify the nonresident's application as a de facto concealed handgun permit, which is effective for a period of 90 days after issuance, if the Department has not issued the permit or determined that the nonresident is disqualified within that 45-day period.

VCDL CommentsThis bill requires that the State Police issue non-resident concealed handgun permits within the same 45 days as localities issue resident permits. It includes a provision for a 90-day temporary permit if the non-resident permit is not issued within the 45-day limit. The state police charge more than the average state for such a permit and are currenly taking SIX MONTHS to process both new permits and renewals, which is the longest in the country by far. Most states process non-resident permits in 75 days or less.

Renewal of concealed handgun permits; notice. Requires the clerk of the court that issued a concealed handgun permit to notify the permit holder, at least 90 days prior to the expiration date, of the expiration date of the permit. Such notification shall be provided by first-class mail unless the clerk provides an electronic notification to the permit holder. Current law provides that if the clerk has an electronic system for the application and issuance of concealed handgun permits and such system has the capability of sending electronic notices to a permit holder, then such expiration notices shall be sent electronically.

VCDL CommentsThis bill provides that if a Circuit Court Clerk has not sent a notice of an expiring concealed handgun permit to the permit holder by email, then the Clerk shall send notice of the upcoming expiration via first-class mail at least 90-days in advance. This is a commom practice with many states and is done here in Virginia for drivers licenses and vehicle license plates.

Sales tax exemption; gun safes. Establishes an exemption from retail sales tax for the purchase of a gun safe with a selling price of $1,000 or less. The bill defines a gun safe as a safe or vault that is (i) commercially available, (ii) secured with a digital or dial combination locking mechanism or biometric locking mechanism, and (iii) designed for the storage of a firearm or of ammunition for use in a firearm. Under the bill, a gun safe does not include a glass-faced cabinet.

VCDL CommentsThis bill removes sales tax from metal gun safes that sell for $1,000 or less. This encourages citizens to purchase a gun safe, including those with quick-opening biometric systems.

Victims of domestic violence, etc.; firearms safety or training course. Creates the Virginia Firearms Safety and Training for Sexual and Domestic Violence Victims Fund. The bill provides that the Department of Criminal Justice Services may distribute funds from the Fund to reimburse an entity that offers a firearms safety or training course or class approved by the Department free of charge to victims of domestic violence, sexual abuse, stalking, or family abuse. The Department would not be permitted to issue reimbursements in excess of the amount available in the Fund. The bill also requires that, upon the issuance of a protective order, the petitioner for the order be provided with a list of such approved courses or classes.

VCDL CommentsThis bill provides funding to entities that offer free firearms safety or training courses approved by DCJS to victims of domestic violence, sexual abuse, stalking, and family abuse. This bill will actually make victims safer.

Transfer of handguns; permit required; penalties. Requires the Department of State Police to establish procedures for issuing handgun transfer permits and provides that a person who willfully and intentionally transfers a firearm to a person without a permit is guilty of a Class 1 misdemeanor. The bill provides exceptions to this requirement, including an exemption for dealers who obtain a background check. The bill provides that any person who displays a handgun transfer permit that has been revoked or suspended knowing that such permit has been revoked or suspended is guilty of a Class 1 misdemeanor. In order for the bill to become effective, the U.S. Department of Justice must approve the policies and procedures that the Department of State Police will use to implement the provisions of the bill.

VCDL CommentsThis bill creates a requirement that a person must have a "handgun transfer permit" to purchase or transfer a handgun to another person. To get a permit, a person must go through a host of steps meant to discourage the person from the purchase: presentation of multiple photo IDs, notarized application, proof of residence, same proof of training as is required to get a concealed handgun permit, requirement to provide a change of address within 30 days of moving, and an unspecified fee. A registry will then be created in the Virginia Criminal Information Network so that if a person is stopped by the police in any state, the fact that they have a handgun purchase permit will be provided as part of a check for Virginia warrants, allowing a person to be harassed by police in hostile states, as happens in Maryland. (This sharing of status is exactly what is being done with Virginia concealed handgun permits and has caused Virginia concealed handgun permit holders to be harassed in Maryland.) This draconian bill, aimed squarely at law-abiding gun owners, is something that one would expect to see in New Jersey, New York, or Maryland, but not in Virginia.

Civil liability for sale or transfer of a firearm; background check. Provides that a person is civilly liable for injuries to person or property or wrongful death of another caused by a third party if it can be shown that the civil defendant sold or transferred a firearm to the person who committed the crime resulting in injury or death without obtaining a background check and verification that the transferee was not prohibited from possessing a firearm.

VCDL CommentsThis bill attempts to create a defacto Universal Background Check system through sheer intimidation. HB 273 holds gun owners liable for criminal acts committed by the purchaser of one of their firearms if the gun was sold without the purchaser going through a background check. That's like holding someone liable if they sell a car and the purchaser uses the car in a bank robbery 5 years later! The seller has no way of controlling or influencing the illegal behavior of the purchaser. This is another example of the "anything goes" mentality when it comes to punishing gun owners in ways that would never even be considered for anyone else.

Firearms show; list of vendors or exhibitors. Requires a promoter of a firearms show to include in his list of vendors or exhibitors submitted to State Police information regarding whether a vendor or exhibitor was selling or transferring a firearm and, if applicable, the vendor or exhibitor's dealer identification number.

VCDL CommentsThis bill requires promoters of a gun show provide a list of all vendors or exhibitors to police with those transferring firearms flagged. This is one more unnecessary requirement that does nothing but burden gun show promoters with more paperwork.

Firearm transfers; criminal history record information checks; penalty. Requires a background check for any firearm transfer and directs the Department of State Police (the Department) to establish a process for transferors to obtain such a check from licensed firearms dealers. A transferor who sells a firearm to another person without obtaining the required background check is guilty of a Class 6 felony. The bill exempts transfers (i) between immediate family members, (ii) that occur by operation of law, (iii) by the executor or administrator of an estate or by the trustee of a testamentary trust, and (iv) that are temporary and occur in the presence of the owner of the firearm or are necessary to prevent imminent death or serious bodily injury. The bill removes the provision that makes background checks of prospective purchasers or transferees at firearms shows voluntary. The bill also provides that the Department shall have three business days to complete a criminal history record information check before a firearm may be transferred.

VCDL CommentsThis bill, a "kitchen sink" gun-control bill, requires that all private sales of firearms go through a federal firearms licensed dealer ("Universal Background Check"). The dealer may charge up to a $15 fee for the transfer. The bill makes it illegal for a person from another state to purchase a long gun in Virginia, unless they are a dual resident of Virginia and the other state. It also triples the number of days that the State Police can drag their heels when approving the sale of a firearm. This bill will do nothing about crime, but will make it harder and more expensive for a citizen to sell or trade one of his firearms to another citizen. No dealer is required to make such a transfer, possibly making a private transfer all but impossible or not possible in a timely manner. The dealer's and State Police fees will raise the price of the firearm. Finally, this bill will also lead to an inevitable "Universal Registration" scheme at some point in the future to provide for enforcement. Firearms confiscation is the end goal, as is happening right now in California and Hawaii with their universal background checks and associated gun registrations. Illinois has universal background checks, but a 2015 survey of criminals in Illinois prisons showed that only 3% got their firearms after going through a background check! The rest got their guns using straw purchases, theft, from friends, from family, and the black market. Finally, this bill strips a person from 18 to 20 years-old from being able to legally own a handgun, unless that handgun was a gift from a parent. Under current law it is legal for someone in that age range to purchase a handgun from a private seller.

Pneumatic guns on school property; penalty. Makes it a Class 6 felony to possess a pneumatic gun, i.e., a gun that will expel a BB or a pellet by action of pneumatic pressure, on school property, property being used exclusively for school-sponsored functions or extracurricular activities, or a school bus.

VCDL CommentsThis bill makes a pneumatic gun illegal to have on K-12 school property and makes such possession a felony! Virginia repealed a previous ban on pneumatic guns on school property some years ago. This bill is fixing a non-problem and will end up creating a bunch of inadvertent felons – all because of someone having a BB gun.

Purchase, possession, or transportation of firearms following convictions for certain misdemeanor crimes; penalty. Prohibits a person who has been convicted of misdemeanor sexual battery or assault and battery where the victim is a family or household member from purchasing, possessing, or transporting a firearm. A person who violates this provision is guilty of a Class 1 misdemeanor.

VCDL CommentsThis bill takes away a person's gun rights for life for a misdemeanor offense of domestic violence. Rights should only be lost for a felony conviction. Also, while a person with a felony conviction can have their rights restored, that is not the case for misdemeanors.

Appeal of involuntary admission order; possession of firearms. Provides that a person who is involuntarily admitted or ordered to mandatory outpatient treatment may not purchase, possess, or transport a firearm until his right to do so is restored by a court regardless of the outcome of any appeal of that order.

VCDL CommentsThis bill continues a firearms prohibition on someone who had been committed, but won an appeal overturning the commitment and, hence, the court order that originally created the firearms prohibition. This makes a joke out of someone's due process. If their commitment was overturned, then their firearms rights should be restored automatically at that point.

Firearms on school property. Adds public, private, or religious preschools and child day centers that are not operated at the residence of the provider or of any of the children to the list of schools where possessing a firearm on school property or on a school bus is prohibited. Under current law, the list of such schools only includes public, private, or religious elementary, middle, or high schools.

VCDL CommentsThis bill turns preschools and child day centers that are not operated out of a home into dangerous gun-free zones, that can make a citizen an inadvertent felon for the mere possession of an otherwise lawfully carried firearm. The vast majority of mass public shootings are in such gun-free zones, where violent criminals are the only ones with weapons. This law would also complicate the otherwise lawful carry of firearms in churches that have preschool or child day care facilities on their premises.

Control of firearms by localities; lawful demonstrations and protests. Allows a locality to adopt an ordinance that prohibits the possession or transportation of firearms, ammunition, or components or a combination thereof during a demonstration, march, parade, protest, rally, or other similar event. Such an ordinance shall not apply to any law-enforcement officer, armed security officer, member of the Armed Forces of the United States, member of the Armed Forces Reserves, or member of the National Guard acting in the performance of his lawful duties.

VCDL CommentsThis bill allows localities to prohibit the otherwise lawful carrying of firearms at a demonstration, march, parade, protest, rally, or other similar event. Law enforcement, military, and National Guard are exempted. This legislation is a solution in search of a problem. The only casualties in recent memory at such events were the victims of the intentional use of a vehicle as a weapon. A recent protest at the Robert E. Lee statue in Richmond was attended by people lawfully carrying firearms and there were no issues. Current laws already cover any crimes that can be committed at such events. Disarming the law abiding does NOT make them safer.

Control of firearms; permitted events. Authorizes any locality by ordinance to prohibit the possession or carrying of firearms, ammunition, or components or any combination thereof in a public space during a permitted event, or an event that would otherwise require a permit. This bill contains technical amendments.

VCDL CommentsThis bill allows localities to prohibit the carry of firearms or ammunition at any permitted event, or any event that would otherwise require a permit. This legislation is a solution in search of a problem. The only casualties in recent memory at such events were the victims of the intentional use of a vehicle as a weapon. A recent protest at the Robert E. Lee statue in Richmond was attended by people lawfully carrying firearms and there were no issues. Current laws already cover any crimes that can be committed at such events. Disarming the law abiding does NOT make them safer.

Prohibited public carrying of certain firearms; penalty. Adds the City of Charlottesville and the County of Albemarle to the list of localities in which it is prohibited to carry certain loaded firearms with high-capacity magazines, silencers, folding stock, or long ammunition or a loaded shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered.

VCDL CommentsThis bill adds Charlottesville and Albemarle County to the list of localities where there are restrictions on the carry of certain loaded firearms. VCDL has been unable to find any cases where this code section has been enforced, much less any convictions. This code section should be repealed as unnecessary.

Prohibition of sale, transfer, etc., of certain firearms magazines; fine. Provides that any person, corporation, or other entity that manufactures, imports, possesses, purchases, sells, or transfers any large capacity magazine shall be subject to a $500 fine. The bill provides exceptions to the prohibition. The bill provides that a registrant is limited to three large capacity magazines and must otherwise dispose of all magazines in excess of the limit. The bill requires the Department of State Police to provide a means to register a large capacity magazine and, at the time of registration, to permanently mark such magazine for the purpose of identification and maintain records regarding such identification information. Finally, the bill provides that any large capacity magazine that is possessed in violation of law is subject to forfeiture to the Commonwealth.

VCDL CommentsThis bill makes any magazine that holds over 15 rounds of ammunition illegal, with no grandfathering for existing owners. Guns that only accept magazines in excess of 15 rounds can only have up to three such magazines and the magazines must be registered with the State Police. Another "feel good" bill that won't do anything to lower crime, but will make it harder for the law-abiding to defend themselves in an emergency. The number of rounds it might take to defend a life cannot be calculated ahead of time. Fighting back multiple assailants could easily require more than 15 shots. Sometimes an assailant may have to be shot multiple times before they stop attacking – particularly if they are on drugs. There is no advantage to artificially limiting the number of rounds that a person can have available in an emergency.

Mechanical devices designed to increase the rate of fire of firearms; penalty. Prohibits the manufacture, import, sale or offer to sell, possession, transfer, or transportation of any device used to increase the rate of fire of any semi-automatic firearm beyond the capability of an unaided person to operate the trigger mechanism of that firearm. A violation is punishable as a Class 3 misdemeanor.

VCDL CommentsThis bill makes any firearm accessory illegal that can increase the rate-of-fire of a semi-automatic firearm "beyond the capability of an unaided person." There is no grandfathering of any existing devices. This law would be unenforceable as a person can bump fire an unmodified semi-automatic firearm with just their bare hands using a well-known technique. Also, there are people who can pull the trigger on a conventional semi-automatic firearm so quickly that they basically match the speed of bump firing. Here is a video showing the president of VCDL bump firing an unmodified semi-automatic firearm using only his bare hands: (https://tinyurl.com/ycb6lxto). Here is a shooter, simply pulling the trigger as quickly as he can, keeping up with a firearm equipped with a bump stock: (https://tinyurl.com/qds9vrb). Here is another video of the same shooter firing 40 rounds in 6.48 seconds. That is a cyclic rate of 370 rounds per minute: (https://tinyurl.com/y9q2r9ux) !

Nonresident concealed handgun permits; fee. Increases from $100 to $150 the maximum fee that can be charged by the Department of State Police for issuing a nonresident concealed handgun permit.

VCDL CommentsThis bill raises the fee for a non-resident permit from $100 to $150. The current $100 fee is already more than most states charge and people are currently waiting six-months for a Virginia non-resident permit! No other state is that bad. States like Florida and Utah process many times the number of non-resident permits that Virginia processes and does so in 2 months, not 6 months. The fee needs to be lowered and the wait times cut back to 45 days, just like a resident permit. The State Police are terribly mismanaging non-resident permit processing, so throwing more money at the issue is not going to fix it, but only make the process more onerous for citizens wanting to legally carry a handgun.

Out-of-state concealed handgun permits; reciprocity. Eliminates the recent expansion of the recognition of concealed handgun permits issued by other states and reinstates the prior law that provides that Virginia will recognize concealed handgun permits issued by other states that (i) provide a 24-hour-a-day means of verification of the validity of the permits issued in that state and (ii) have requirements and qualifications that are adequate to prevent possession of a permit by persons who would be denied a permit in Virginia. The bill also reinstates the recognition of certain Maryland concealed handgun permits and eliminates the requirement that the Superintendent of State Police enter into agreements for reciprocal recognition of concealed handgun permits or licenses with other states where agreements were in existence on December 1, 2015.

VCDL CommentsThis bill moves Virginia backwards when it comes to concealed handgun permit reciprocity with other states by creating unnecessary requirements for out-of-state permits. The net effect of this bill would be to greatly reduce the number of out-of-state permits honored in Virginia and also to reduce the number of states that honor Virginia's permit. There have been no problems with the current law that would justify such a change and the change would endanger the lives of Virginian's who travel out of state and would discourage permit holders from other states coming to Virginia. The bill would be a lose-lose for the Commonwealth.

Reporting lost or stolen firearms; civil penalty. Requires a person who lawfully possesses a firearm to report the loss or theft of the firearm to any local law-enforcement agency or the Department of State Police within 24 hours after such person discovers the loss or theft or is informed by a person with personal knowledge of the loss or theft. The bill requires the relevant law-enforcement agency to enter the report information into the National Crime Information Center (NCIC). A violation is punishable by a civil penalty of $50 for a first offense and not less than $100 or more than $250 for any subsequent offense. The bill provides that a person who, in good faith, reports the loss or theft is immune from criminal or civil liability for acts or omissions that result from the loss or theft; the immunity does not apply to a person who knowingly gives a false report. The bill does not apply to the loss or theft of an antique firearm.

VCDL CommentsThis bill requires that a person report a lost or stolen firearm within 24 hours of discovering the firearm is lost or stolen. The penalty is $50 for the first offense and between $100 and $250 for subsequent offenses. A person in good faith who reports such a lost or stolen firearm is immune from any criminal or civil damage from acts using the firearm. The victim gets punished twice: once by the theft or loss and next by the government for not reporting the loss quickly enough. Who's to say exactly when the victim "discovered" the loss or theft? The bill also is setting a precedent that the victim is somehow liable for the misuse of a stolen firearm if he doesn't report it stolen quickly enough.

Mechanical devices designed to increase the rate of fire of firearms; penalty. Prohibits the manufacture, import, sale or offer to sell, possession, transfer, or transportation of any device used to increase the rate of fire of any semi-automatic firearm beyond the capability of an unaided person to operate the trigger mechanism of that firearm. A violation is punishable as a Class 1 misdemeanor.

VCDL CommentsThis bill makes any firearm accessory illegal that can increase the rate-of-fire of a semi-automatic firearm "beyond the capability of an unaided person." There is no grandfathering of any existing devices. This law would be unenforceable as a person can bump fire an unmodified semi-automatic firearm with just their bare hands using a well-known technique. Also, there are people who can pull the trigger on a conventional semi-automatic firearm so quickly that they basically match the speed of bump firing. Here is a video showing the president of VCDL bump firing an unmodified semi-automatic firearm using only his bare hands: (https://tinyurl.com/ycb6lxto) Here is a shooter, simply pulling the trigger as quickly as he can, keeping up with a firearm equipped with a bump stock: (https://tinyurl.com/qds9vrb)

Purchase of handguns; limitation on handgun purchases; penalty. Prohibits any person who is not a licensed firearms dealer from purchasing more than one handgun in a 30-day period and establishes such an offense as a Class 1 misdemeanor. The bill exempts from this provision (i) persons who have been issued a certificate by the Department of State Police under certain circumstances and with an enhanced background check, (ii) law-enforcement agencies and officers, (iii) state and local correctional facilities, (iv) licensed private security companies, (v) persons who hold a valid Virginia concealed handgun permit, (vi) persons whose handgun has been stolen or irretrievably lost or who are trading in a handgun, (vii) purchases of handguns in a private sale, and (viii) purchases of antique firearms.

VCDL CommentsThis bill reinstates the old "One Handgun a Month" law. There was no evidence to show that the old One Handgun a Month law did anything to reduce crime or gun trafficking. Improvements in the background check system over the years have also made the bill unnecessary.

Protective orders; possession of firearms; penalty. Provides that it is a Class 6 felony for a person who is subject to a permanent protective order (i.e., a protective order with a maximum duration of two years) to possess a firearm while the order is in effect. Under current law, only a person subject to a permanent protective order for family abuse is prohibited from possessing a firearm while the order is in effect.

VCDL CommentsThis bill expands the provisions of permanent protective orders to prohibit the possession of firearms, not just the purchase or carry of such. There are two sides to every story and a protective order which prohibits possession of firearms altogether can be gotten in bad faith and used as a weapon to disarm someone with the intent of attacking them once they are disarmed.

Domestic terrorism offenses. Creates a new series of separate and distinct felonies and misdemeanors based on prohibited domestic terrorism activity and participation in such domestic terrorism activity. The bill provides a definition for an "act of domestic terrorism" and a "domestic terrorism organization." The bill directs the Superintendent of the Department of State Police to promulgate regulations, to be updated annually, designating all organizations, groups, or associations meeting the definition of a domestic terrorist organization.

VCDL CommentsThis bill provides a too open-ended definition of domestic terrorism. A person lawfully open carrying a firearm that makes another person fear to exercise their rights under the Constitution, could become an act of terrorism, no matter how irrational that other person's fear might be. "I am afraid to speak my mind because those people over there are armed!" There are other examples of this bill not being ready for primetime.

Possession or transportation of firearms following convictions for certain misdemeanor crimes; restoration of rights; penalty. Prohibits a person who has been convicted of stalking, sexual battery, assault and battery of a family or household member, brandishing a firearm, or two or more convictions of assault and battery from possessing or transporting a firearm. A person who violates this provision is guilty of a Class 1 misdemeanor. The bill provides for a process by which a person convicted of such crimes may petition the circuit court for a reinstatement of his right to possess or transport a firearm.

VCDL CommentsThis bill takes away gun rights for at least two years for MISDEMEANORS. No misdemeanor should take away a civil right.

Firearm transfers; criminal history record information checks; penalty. Requires a background check for any firearm transfer and requires the Department of State Police to establish a process for transferors to obtain such a check from licensed firearms dealers. A transferor who fails to obtain a required background check and sells the firearm to another person is guilty of a Class 1 misdemeanor. The bill exempts transfers between immediate family members, transfers that occur by operation of law, transfers by the executor or administrator of an estate or by the trustee of a testamentary trust, and temporary transfers that occur in the presence of the owner of the firearm or are necessary to prevent imminent death or serious bodily injury. The bill removes the provision that makes background checks of prospective purchasers or transferees at firearms shows voluntary.

VCDL CommentsThis bill requires that all private sales of firearms go through a federal firearms licensed dealer ("Universal Background Check"). This bill will do nothing about crime, but will make it harder and more expensive for a citizen to sell or trade one of his firearms to another citizen. No dealer is required to make such a transfer, possibly making a private transfer all but impossible or not possible in a timely manner. The dealer may charge a fee of up to $15, raising the price of the firearm. Finally, this bill will also lead to an inevitable "Universal Registration" scheme at some point in the future to provide for enforcement. Firearms confiscation is the end goal, as is happening right now in California and Hawaii with their universal background checks and associated gun registrations. Illinois has universal background checks, but a 2015 survey of criminals in Illinois prisons showed that only 3% got their firearms after going through a background check! The rest got their guns using straw purchases, theft, from friends, from family, and the black market. Finally, this bill strips a person from 18 to 20 from being able to legally own a handgun, unless that handgun was a gift from a parent. Under current law it is legal for someone 18 to 20 years old to purchase a handgun from a private seller.

Transfer of firearms; criminal history record information check; penalties. Requires that a criminal history record information check be performed on the prospective transferee before a vendor, defined in the bill, may transfer firearms at a gun show. A violation is a Class 6 felony. The bill also requires that the promoter of a firearms show post notice of the requirement for a criminal history record information check and provide vendors with access to licensed dealers who will conduct the criminal history record information check. The bill repeals a provision added by the 2016 Session of the General Assembly that requires the Department of State Police to be available to perform background checks for non-dealer sales at firearms shows if requested by a party involved in a transaction.

VCDL CommentsThis bill requires all private sales at gun shows go through a background check. The Virginia State Crime Commission did not recommend this approach when asked ten years ago. A gun show may not even be able to find a willing dealer to do such background checks due to the paperwork and the mandatory 20-year retention of that paperwork. This bill will unnecessarily raise the price of privately sold guns and puts an unreasonable burden on the gun show promoter to identify all private sellers before the show even begins. The result will be to make it much harder to hold a gun show in Virginia. Gun shows bring a lot of revenue to the Commonwealth. According to a report from the U.S. Department of Justice, less than 1% of guns used in crimes are purchased at gun shows, so this bill will have no noticeable affect on crime. Finally, the private sale background check requirement is just the first step in ultimately setting up a "Universal Background Check" scheme that can only be enforced by means of a "Universal Gun Registration."

Purchase and transport of firearms; simple assault hate crime. Prohibits persons convicted of simple assault or assault and battery when the victim was selected because of his race, religious conviction, color, or national origin from purchasing or transporting a firearm for five years following such conviction.

VCDL CommentsThis bill strips a person of their right to keep and bear arms for 5 years for a misdemeanor conviction of simple assault or assault and battery committed because of race, religious conviction, color, or national origin. Misdemeanors should never take away a person's civil rights, especially for something like a simple assault. Misdemeanors, by definition, are minor crimes.

Firearm transfers; criminal history record information checks; penalty. Requires a background check for any firearm transfer and requires the Department of State Police to establish a process for transferors to obtain such a check from licensed firearms dealers. A transferor who fails to obtain a required background check and sells the firearm to another person is guilty of a Class 1 misdemeanor. The bill exempts transfers between immediate family members, transfers that occur by operation of law, transfers by the executor or administrator of an estate or by the trustee of a testamentary trust, and temporary transfers that (i) occur within the continuous presence of the owner of the firearm; (ii) are necessary to prevent imminent death or serious bodily injury; (iii) occur at a shooting range, shooting gallery, or other area designed for the purpose of target shooting, for use during target practice, a firearms safety or training course or class, a shooting competition, or any similar lawful activity; or (iv) are for the purpose of and while the transferee is engaged in hunting, trapping, or target shooting. The bill removes the provision that makes background checks of prospective purchasers or transferees at firearms shows voluntary.

VCDL CommentsThis bill requires that all private sales of firearms go through a federal firearms licensed dealer ("Universal Background Check"). This bill will do nothing about crime, but will make it harder and more expensive for a citizen to sell or trade one of his firearms to another citizen. No dealer is required to make such a transfer, possibly making a private transfer all but impossible or not possible in a timely manner. The dealer may charge a fee of up to $15, raising the price of the firearm. Finally, this bill will also lead to an inevitable "Universal Registration" scheme at some point in the future to provide for enforcement. Firearms confiscation is the end goal, as is happening right now in California and Hawaii with their universal background checks and associated gun registrations. Illinois has universal background checks, but a 2015 survey of criminals in Illinois prisons showed that only 3% got their firearms after going through a background check! The rest got their guns using straw purchases, theft, from friends, from family, and the black market. Finally, this bill strips a person from 18 to 20 from being able to legally own a handgun, unless that handgun was a gift from a parent. Under current law it is legal for someone 18 to 20 years old to purchase a handgun from a private seller.

Control of firearms by localities; lawful demonstrations and protests. Allows a locality to adopt an ordinance that prohibits the possession, carrying, transporting, or storing of any weapon, firearm, ammunition, or components or combination thereof within 1,000 feet of a demonstration, march, parade, protest, rally, or other similar event. Such an ordinance shall not apply to any law-enforcement officer, armed security officer, member of the Armed Forces of the United States, member of the Armed Forces Reserves, or member of the National Guard acting in the performance of his lawful duties.

VCDL CommentsThis bill allows localities to prohibit the otherwise lawful carrying of firearms within 1,000 feet of a demonstration, march, parade, protest, rally, or other similar event. Law enforcement, military, and National Guard are exempted. This legislation is a solution in search of a problem. The only casualties in recent memory at such events were the victims of the intentional use of a vehicle as a weapon. A recent protest at the Robert E. Lee statue in Richmond was attended by people lawfully carrying firearms and there were no issues. Current laws already cover any crimes that can be committed at such events. Disarming the law abiding does NOT make them safer.

Mechanical devices designed to increase the rate of fire of firearms; penalty. Prohibits the manufacture, import, sale or offer to sell, possession, transfer, or transportation of any device used to increase the rate of fire of any semi-automatic firearm beyond the capability of an unaided person to operate the trigger mechanism of that firearm. A violation is punishable as a Class 1 misdemeanor.

VCDL CommentsThis bill makes any firearm accessory illegal that can increase the rate-of-fire of a semi-automatic firearm "beyond the capability of an unaided person." There is no grandfathering of any existing devices. This law would be unenforceable as a person can bump fire an unmodified semi-automatic firearm with just their bare hands using a well-known technique. Also, there are people who can pull the trigger on a conventional semi-automatic firearm so quickly that they basically match the speed of bump firing. Here is a video showing the president of VCDL bump firing an unmodified semi-automatic firearm using only his bare hands: (https://tinyurl.com/ycb6lxto). Here is a shooter, simply pulling the trigger as quickly as he can, keeping up with a firearm equipped with a bump stock: (https://tinyurl.com/qds9vrb). Here is another video of the same shooter firing 40 rounds in 6.48 seconds. That is a cyclic rate of 370 rounds per minute: (https://tinyurl.com/y9q2r9ux) !

Mechanical devices designed to increase the rate of fire of firearms; penalty. Prohibits the manufacture, import, sale or offer to sell, possession, transfer, or transportation of any device used to increase the rate of fire of any semi-automatic firearm beyond the capability of an unaided person to operate the trigger mechanism of that firearm. A violation is punishable as a Class 6 felony.

VCDL CommentsThis bill makes any firearm accessory illegal that can increase the rate-of-fire of a semi-automatic firearm "beyond the capability of an unaided person." There is no grandfathering of any existing devices. This law would be unenforceable as a person can bump fire an unmodified semi-automatic firearm with just their bare hands using a well-known technique. Also, there are people who can pull the trigger on a conventional semi-automatic firearm so quickly that they basically match the speed of bump firing. Here is a video showing the president of VCDL bump firing an unmodified semi-automatic firearm using only his bare hands: (https://tinyurl.com/ycb6lxto). Here is a shooter, simply pulling the trigger as quickly as he can, keeping up with a firearm equipped with a bump stock: (https://tinyurl.com/qds9vrb). Here is another video of the same shooter firing 40 rounds in 6.48 seconds. That is a cyclic rate of 370 rounds per minute: (https://tinyurl.com/y9q2r9ux) !

Mechanical devices designed to increase the rate of fire of firearms; penalty. Prohibits the manufacture, import, sale or offer to sell, possession, transfer, or transportation of any device used to increase the rate of fire of any semi-automatic firearm beyond the capability of an unaided person to operate the trigger mechanism of that firearm. A violation is punishable as a Class 1 misdemeanor.

VCDL CommentsThis bill makes any firearm accessory illegal that can increase the rate-of-fire of a semi-automatic firearm "beyond the capability of an unaided person." There is no grandfathering of any existing devices. This law would be unenforceable as a person can bump fire an unmodified semi-automatic firearm with just their bare hands using a well-known technique. Also, there are people who can pull the trigger on a conventional semi-automatic firearm so quickly that they basically match the speed of bump firing. Here is a video showing the president of VCDL bump firing an unmodified semi-automatic firearm using only his bare hands: (https://tinyurl.com/ycb6lxto). Here is a shooter, simply pulling the trigger as quickly as he can, keeping up with a firearm equipped with a bump stock: (https://tinyurl.com/qds9vrb). Here is another video of the same shooter firing 40 rounds in 6.48 seconds. That is a cyclic rate of 370 rounds per minute: (https://tinyurl.com/y9q2r9ux)!

Concealed handgun permits; demonstration of competence. Removes the option for concealed handgun permit applicants to demonstrate competence with a handgun by completing an electronic, video, or online course conducted by a state-certified or National Rifle Association-certified firearms instructor. The bill does not affect any in-person means of satisfying the requirement to demonstrate competence with a handgun under current law.

VCDL CommentsThis bill removes online training as an option for those wishing to get a concealed handgun permit. HB 91 is a solution to a non-existent problem and would hurt those who might be in a hurry to get their concealed carry permit due to an unanticipated and immediate threat to their life.

Prohibition of sale, transfer, etc., of certain firearms magazines and firearms; penalties. Prohibits any person from importing, selling, bartering, or transferring a firearms magazine designed to hold more than 10 rounds of ammunition. A violation is a Class 6 felony. The bill prohibits a person from carrying semi-automatic center-fire firearms with more than 10 rounds of ammunition in a public place; under existing law, this prohibition applies only in certain localities and only to such firearms if the firearm holds more than 20 rounds of ammunition. The bill also increases from a Class 1 misdemeanor to a Class 6 felony the penalty for carrying a semi-automatic center-fire firearm and a shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered in a public place. The bill redefines "assault firearm" by reducing from more than 20 to more than 10 the number of rounds of ammunition that a firearms magazine will hold in order to be defined as an "assault firearm" and prohibits a dealer from selling, renting, trading, or transferring from his inventory such an assault firearm to any person. The bill also reduces from more than 20 to more than 10 the number of rounds of ammunition that a firearms magazine will hold in order to be defined as an "assault firearm" for purposes of possession or transportation by a person younger than 18 years of age and increases the penalty from a Class 1 misdemeanor to a Class 6 felony for a person younger than 18 years of age to possess or transport a handgun, an assault firearm, or a shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered, with some exceptions.

VCDL CommentsThis bill makes magazines that hold more than 10 rounds illegal to purchase, import, barter, or transfer under penalty of a felony. It makes it unlawful to carry a loaded or unloaded centerfire semi-automatic rifle or pistol anywhere in the Commonwealth if the gun is equipped with a magazine that will hold more than 10 rounds. Concealed handgun permit holders, police, and military are exempt from this provision, otherwise it is a felony. The bill also makes "assault weapons" illegal to possess or transport for anyone but police and military and existing ownership of such guns is not grandfathered. This bill is "feel good" measure that is a major assault on the right of the People to keep and bear arms and is going to make felons out of unwary gun owners. All of the provisions in this bill are addressing non-issues in the Commonwealth.

Possession of firearms in legislative buildings. Prohibits the possession of firearms in the Capitol and any building used predominately for the conduct of the business of the General Assembly. The prohibition does not apply to officers, employees, or members of the General Assembly or to law-enforcement officers.

VCDL CommentsThis bill makes it unlawful to possess a firearm in the Capitol or in any other building owned by the Commonwealth and predominantly used for General Assembly business. The bill hypocritically exempts members of the General Assembly, clearly hoping to curry favor for its passage. This bill is a slap in the face of Virginia's citizens and addresses a totally non-existant problem.

Transfer of firearms; criminal history record check delay; penalty. Increases from the end of the next business day to within five business days the time in which State Police must advise a dealer if its records indicate that a firearms buyer or transferee is prohibited from possessing or transporting a firearm and the time after which a dealer may complete the sale or transfer without a response from the State Police. The bill removes the option in current law that a dealer may immediately complete the sale or transfer if he is advised by the State Police that a response will not be available within the required timeframe.

VCDL CommentsThis bill increases the number of days that the State Police can drag their feet in approving the sale of a firearm from one business day to five business days. It's bad enough that a civil right is being infringed by requiring a background check, but a right delayed is a right denied. Every day that a person has to wait for approval is a day that their life could be in needless jeopardy. The current system is working and doesn't need to be made any slower.

Protective orders; possession of firearms; surrender or transfer of firearms. Provides that a court shall order a person subject to a protective order to (i) surrender any firearm possessed by such person to the local law-enforcement agency of the county or city where such person resides or to sell or transfer any firearms possessed by such person to a firearms dealer within 24 hours after being served with a protective order or (ii) certify in writing that such person does not possess any firearms and file such certification with the clerk of the court that entered the protective order within three days after being served with a protective order. The bill also provides that within 48 hours after surrendering or selling or transferring all firearms, such person shall certify in writing that all firearms possessed by such person have either been surrendered or sold or transferred and file such certification with the clerk of the court that entered the protective order.

VCDL CommentsThis bill expands the provisions of permanent protective orders to prohibit the possession of firearms, not just the purchase or carry of such. There are two sides to every story and a protective order which prohibits possession of firearms altogether can be gotten in bad faith and used as a weapon to disarm someone with the intent of attacking them once they are disarmed.

Firearms; access by children; penalty. Provides that it is a Class 1 misdemeanor to knowingly authorize a child age four or younger to use a firearm or pneumatic gun.

VCDL CommentsThis bill makes it a crime for someone to authorize a child four-years-old or younger to use a firearm or an air gun under any circumstances. Determining the maturity of a child is not the job of government, but of the parents.

Firearm transfers; criminal history record information checks; penalty. Requires a background check for any firearm transfer and requires the Department of State Police to establish a process for transferors to obtain such a check from licensed firearms dealers. A transferor who fails to obtain a required background check and sells the firearm to another person is guilty of a Class 1 misdemeanor. The bill exempts transfers between immediate family members, transfers that occur by operation of law, transfers by the executor or administrator of an estate or by the trustee of a testamentary trust, and temporary transfers that occur in the presence of the owner of the firearm or are necessary to prevent imminent death or serious bodily injury. The bill removes the provision that makes background checks of prospective purchasers or transferees at firearms shows voluntary.

VCDL CommentsThis bill requires that all private sales of firearms go through a federal firearms licensed dealer ("Universal Background Check"). This bill will do nothing about crime, but will make it harder and more expensive for a citizen to sell or trade one of his firearms to another citizen. No dealer is required to make such a transfer, possibly making a private transfer all but impossible or not possible in a timely manner. The dealer may charge a fee of up to $15, raising the price of the firearm. Finally, this bill will also lead to an inevitable "Universal Registration" scheme at some point in the future to provide for enforcement. Firearms confiscation is the end goal, as is happening right now in California and Hawaii with their universal background checks and associated gun registrations. Illinois has universal background checks, but a 2015 survey of criminals in Illinois prisons showed that only 3% got their firearms after going through a background check! The rest got their guns using straw purchases, theft, from friends, from family, and the black market. Finally, this bill strips a person from 18 to 20 from being able to legally own a handgun, unless that handgun was a gift from a parent. Under current law it is legal for someone 18 to 20 years old to purchase a handgun from a private seller.

Prohibition of sale, transfer, etc., of certain firearms magazines and firearms; penalties. Prohibits any person from importing, selling, bartering, or transferring a firearms magazine designed to hold more than 10 rounds of ammunition. A violation is a Class 6 felony. The bill prohibits a person from carrying semi-automatic center-fire firearms with more than 10 rounds of ammunition in a public place; under existing law, this prohibition applies only in certain localities and only to such firearms if the firearm holds more than 20 rounds of ammunition. The bill also increases from a Class 1 misdemeanor to a Class 6 felony the penalty for carrying a semi-automatic center-fire firearm and a shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered in a public place. The bill redefines "assault firearm" by reducing from more than 20 to more than 10 the number of rounds of ammunition that a firearms magazine will hold in order to be defined as an "assault firearm" and prohibits a dealer from selling, renting, trading, or transferring from his inventory such an assault firearm to any person. The bill also reduces from more than 20 to more than 10 the number of rounds of ammunition that a firearms magazine will hold in order to be defined as an "assault firearm" for purposes of possession or transportation by a person younger than 18 years of age and increases the penalty from a Class 1 misdemeanor to a Class 6 felony for a person younger than 18 years of age to possess or transport a handgun, an assault firearm, or a shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered, with some exceptions.

VCDL CommentsThis bill makes magazines that hold more than 10 rounds illegal to purchase, import, barter, or transfer under penalty of a felony. It makes it unlawful to carry a loaded or unloaded centerfire semi-automatic rifle or pistol anywhere in the Commonwealth if the gun is equipped with a magazine that will hold more than 10 rounds. Concealed handgun permit holders, police, and military are exempt from this provision, otherwise it is a felony. The bill also makes "assault weapons" illegal to possess or transport for anyone but police and military and existing ownership of such guns is not grandfathered. This bill is "feel good" measure that is a major assault on the right of the People to keep and bear arms and is going to make felons out of unwary gun owners. All of the provisions in this bill are addressing non-issues in the Commonwealth.

Marijuana; decriminalization of simple marijuana possession. Decriminalizes simple marijuana possession and provides a civil penalty of no more than $50 for a first violation, $100 for a second violation, and $250 for a third or subsequent violation. Current law imposes a maximum fine of $500 and a maximum 30-day jail sentence for a first offense, and subsequent offenses are a Class 1 misdemeanor. The bill provides that the suspended sentence/substance abuse screening provisions and driver's license suspension provisions apply only to criminal violations or to civil violations by a juvenile. The bill provides that a court may suspend a driver's license for a civil violation committed by an adult. A civil violation will be treated as a conviction for prohibitions on the purchase or transport of a handgun and disqualification for a concealed handgun permit.

VCDL CommentsThis bill makes the possession of marijuana punishable by a civil penalty only. However, the bill disqualifies a person from getting a concealed handgun permit for three years or purchasing or transporting a handgun for five years for a crime so minor that it is subject only to a civil penalty. Only felonies should strip a person of their civil rights.

Prohibition of sale, transfer, etc., of certain firearms magazines; fine. Provides that any person, corporation, or other entity that manufactures, imports, possesses, purchases, sells, or transfers any large capacity magazine shall be subject to a $250 fine. The bill provides exceptions to the prohibition. The bill provides that a registrant is limited to three large capacity magazines and must otherwise dispose of all magazines in excess of the limit. The bill requires the Department of State Police to provide a means to register a large capacity magazine and, at the time of registration, to permanently mark such magazine for the purpose of identification and maintain records regarding such identification information. Finally, the bill provides that any large capacity magazine that is possessed in violation of law is subject to forfeiture to the Commonwealth.

VCDL CommentsThis bill makes any magazine that holds over 20 rounds of ammunition illegal, with no grandfathering for existing owners. Guns that only accept magazines in excess of 20 rounds can only have up to three such magazines and the magazines must be registered with the State Police. Another "feel good" bill that won't do anything to lower crime, but will make it harder for the law-abiding to defend themselves in an emergency. The number of rounds it might take to defend a life cannot be calculated ahead of time. Fighting back multiple assailants could easily require more than 20 shots. Sometimes an assailant may have to be shot multiple times before they stop attacking – particularly if they are on drugs. There is no advantage to artificially limiting the number of rounds that a person can have available in an emergency.

Reporting lost or stolen firearms; civil penalty. Requires a person who lawfully possesses a firearm to report the loss or theft of the firearm to any local law-enforcement agency or the Department of State Police within 24 hours after such person discovers the loss or theft or is informed by a person with personal knowledge of the loss or theft. The bill requires the relevant law-enforcement agency to enter the report information into the National Crime Information Center (NCIC). A violation is punishable by a civil penalty of $50 for a first offense and not less than $100 or more than $250 for any subsequent offense. The bill provides that a person who, in good faith, reports the loss or theft is immune from criminal or civil liability for acts or omissions that result from the loss or theft; the immunity does not apply to a person who knowingly gives a false report. The bill does not apply to the loss or theft of an antique firearm.

VCDL CommentsThis bill requires that a person report a lost or stolen firearm within 24 hours of discovering the firearm is lost or stolen. The penalty is $50 for the first offense and between $100 and $250 for subsequent offenses. A person in good faith who reports such a lost or stolen firearm is immune from any criminal or civil damage from acts using the firearm. The victim gets punished twice: once by the theft or loss and next by the government for not reporting the loss quickly enough. Who's to say exactly when the victim "discovered" the loss or theft? The bill also is setting a precedent that the victim is somehow liable for the misuse of a stolen firearm if he doesn't report it stolen quickly enough.

Firearm transfers; penalties. Creates a Class 3 misdemeanor for a person who is not a licensed dealer but who conducts business as a merchant of firearms to sell a firearm without a background check conducted by a federally licensed dealer. The bill exempts transfers to family members, to personal friends, by inheritance, by operation of law, or for a temporary purpose.

VCDL CommentsThis bill requires any "merchant of firearms" to do a background check before selling a firearm, with exceptions for family, personal friends, inheritance, operation of law, or for undefined term "temporary purposes." This bill has some serious issues. First, a "merchant of firearms" already must have a federal firearms license and must run background checks on all guns sold, making this bill unnecessary. Second, the bill doesn't include all the exceptions that are listed in 18.2-308.2:2, so sales of items such as black powder guns, antique firearms, or sales to curio and relic licensees would be swept into its provisions, creating a conflict between code sections and an associated legal mess.

Control of firearms; chambers of local governing bodies. Allows a locality to adopt an ordinance that prohibits firearms, ammunition, or components or a combination thereof at any regular or special meeting of such local governing body, provided that notice of such prohibition is publicly posted and the meeting room is owned or operated by the locality.

VCDL CommentsThis bill allows localities to ban firearms at any local government meeting. A solution to a non-existant problem that infringes on the right of Virginians to be able to defend themselves. Worse, gun-free zones are where the vast majority of mass public shootings occur, as disarmed, helpless victims are a favorite of criminals. In Kirkwood, Missouri in 2008 a person killed two police officers, giving him control of a City Council meeting, as no one else was armed. He then proceeded to kill 3 more people and wound 2 others. In Virginia, the killer would not have known who in attendance had a concealed handgun on them, including the City Council members. Killing the police officers wouldn't necessarily have put him in control of the meeting.

Firearms; alcohol; penalties. Provides that it is a Class 1 misdemeanor for a person under the influence of alcohol or illegal drugs to carry a loaded firearm on or about his person in a public place and that a person found guilty of such act is ineligible to apply for a concealed handgun permit for a period of five years. Current law provides that such prohibition applies only to persons permitted to carry a concealed handgun.

VCDL CommentsThis bill causes those who are openly carrying firearms to be scrutinized by the police under the low and nebulous standard of "under the influence." Where is there a problem in Virginia that we need to have any special punishment for a person carrying a firearm and drinking in the first place? The Commonwealth has no concerns about off-duty police and Commonwealth Attorneys drinking in a restaurant while carrying a concealed handgun. Virginia courts have typically held that a person can drink and then drive a motor vehicle as long as the person's driving is not impaired. It is unlikely that those same evidentiary standards requiring impairement would apply to someone who is openly carrying a firearm, even though an intoxicated driver is much more of a threat to innocent life as he maneuvers a 4,000 pound vehicle through a crowded street, than someone merely with a holstered handgun on their side and not operating the firearm.

Allowing access to firearms by children; penalty. Provides that any person who leaves a loaded, unsecured firearm in such a manner as to endanger the life or limb of any person under the age of 18 is guilty of a Class 6 felony. Current law provides that any person who recklessly leaves a loaded, unsecured firearm in such a manner as to endanger the life or limb of any child under the age of 14 is guilty of a Class 3 misdemeanor.

VCDL CommentsThis bill removes the "reckless" requirement, raises the age requirement from 14 to 18, and increases the penalty from a misdemeanor to a felony for someone who leaves a loaded, unsecured firearm in such a manner as to endanger life or limb of someone under the age of 18. For someone to be charged with a felony, their actions should be reckless. Also, if a person's home is broken into by a 17-year-old and there is a loaded gun on a table, the homeowner could be charged with a felony under this bill. The homeowner's actions weren't reckless, as they weren't expecting anyone under 18 to be in their home, but without the reckless requirement, the homeowner could be charged because they are "endangering the life or limb of a person under the age of 18!" Finally, a person under 18-years-old can be both very mature and have had training with firearms where leaving the loaded firearm out is not dangerous. In fact there have been plenty of cases where a person under 18-years-old has used a firearm to stop a violent home-invasion.

Control of firearms; libraries owned or operated by localities. Allows a locality to adopt an ordinance that prohibits firearms, ammunition, or components or a combination thereof in libraries owned or operated by the locality.

VCDL CommentsThis bill is a perennial bill that gives localities the option to ban firearms from their public libraries. A solution in desperate search of a problem. "Gun-free zones" are where the vast majority of public mass shootings occur.

Firearms; removal from persons posing substantial risk; penalties. Creates a procedure by which an attorney for the Commonwealth or law-enforcement officer may apply to a circuit court judge for a warrant to remove firearms from a person who poses a substantial risk of injury to himself or others. If firearms are seized pursuant to such warrant, the bill requires a court hearing within 14 days from execution of the warrant to determine whether the firearms should be returned or retained by law enforcement. Seized firearms may be retained by court order for up to 180 days or, with court approval, may be transferred to a third party chosen by the person from whom they were seized. Persons who have been served with a warrant to remove firearms until such warrant has been dissolved by a court or who are the subject of an order to retain firearms are guilty of a Class 1 misdemeanor for purchasing, possessing, or transporting a firearm; are disqualified from having a concealed handgun permit; and may not be employed by a licensed firearms dealer. The bill also provides that a person who transfers a firearm to a person he knows has been served with a warrant or who is the subject of an order is guilty of a Class 6 felony.

VCDL CommentsThis bill creates a sweeping new order that allows for confiscation of a person's firearms solely based on a sworn "probable cause" statement by law enforcement or a Commonwealth Attorney that the person is a substantial risk of injuring himself or others. Probable cause is not the same standard we use to convict someone of a crime, yet a person's rights are usurped by this bill as if they were actually convicted of the accusations. Constitutionally, due process protections are required in order to strip someone of their fundamental civil rights. Under this bill, a person can have his firearms rights removed for a full two weeks before the person has his first chance at due process. There are no legal protections if the firearms are damaged or lost by the police. It has no penalties if the police do not comport with the requirements to return seized items in a timely fashion or penalties for failure of the police to follow any of the other provisions. We must protect a citizen's right to due process and not go down the dangerous path where this bill, with its potential for abuse, leads us.

Reporting lost or stolen firearms; civil penalty. Requires a person who lawfully possesses a firearm to report the loss or theft of the firearm to any local law-enforcement agency or the Department of State Police within 24 hours after such person discovers the loss or theft or is informed by a person with personal knowledge of the loss or theft. The bill requires the relevant law-enforcement agency to enter the report information into the National Crime Information Center (NCIC). A violation is punishable by a civil penalty of $50 for a first offense and not less than $100 or more than $250 for any subsequent offense. The bill provides that a person who, in good faith, reports the loss or theft is immune from criminal or civil liability for acts or omissions that result from the loss or theft; the immunity does not apply to a person who knowingly gives a false report. The bill does not apply to the loss or theft of an antique firearm.

VCDL CommentsThis bill requires that a person report a lost or stolen firearm within 24 hours of discovering the firearm is lost or stolen. The penalty is $50 for the first offense and between $100 and $250 for subsequent offenses. A person in good faith who reports such a lost or stolen firearm is immune from any criminal or civil damage from acts using the firearm. The victim gets punished twice: once by the theft or loss and next by the government for not reporting the loss quickly enough. Who's to say exactly when the victim "discovered" the loss or theft? The bill also is setting a precedent that the victim is somehow liable for the misuse of a stolen firearm if he doesn't report it stolen quickly enough.

Prohibited public carrying of certain firearms; penalty. Prohibits the carrying of a loaded shotgun or rifle in places open to the public in certain cities and counties. Current law prohibits the carrying in such locations of certain loaded firearms with high-capacity magazines, silencers, folding stock, or long ammunition or a loaded shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered. The bill adds the City of Roanoke to the list of cities in which the carrying of such firearms is prohibited.

VCDL CommentsThis bill expands the prohibition on the carrying of loaded shotguns or rifles by no longer considering the number of rounds the guns hold or if the guns use centerfire or rimfire ammunition. It also adds Roanoke to the list of localities where the carry of loaded guns is prohibited. This bill fixes a non-existent problem and is just another attempt to infringe on the right of citizens to keep and bear arms. A gun is of no use for self-defense if it is not loaded.

Transfer of multiple firearms; report to the Department of State Police. Requires any dealer who sells, trades, or transfers more than two firearms to an individual in a single transaction to report such transaction to the Department of State Police.

VCDL CommentsThis bill requires the State Police to be notified by a firearms dealer when any single transaction involves the sale of more than two firearms. Collecting this information is a waste of time, money, and effort by both dealers and the State Police, as the State Police already have the general information on every sale to an individual, including how many of each type of firearm were purchased. Even if this bill were to become law, it could easily be bypassed by simply purchasing from different dealers. If the required form collects serial numbers, then this bill would create a defacto gun registration scheme.

Purchase, possession, and transportation of firearms; fugitives; penalty. Provides that it is a Class 1 misdemeanor for any person who is a fugitive to purchase, possess, or transport a firearm. The bill also updates the criminal history record information check form to inquire if the applicant is a fugitive, as defined in the bill.

VCDL CommentsThis bill takes away a person's right to purchase, possess, or transport a firearm if they have a misdemeanor or a felony warrant of arrest. Misdemeanors should never be used to strip away person's right to purchase, possess, or transport a firearm.

Control of firearms; permitted events. Authorizes any locality by ordinance to prohibit the possession or carrying of firearms, ammunition, or components or any combination thereof in a public space during a permitted event, or an event that would otherwise require a permit. This bill contains technical amendments.

VCDL CommentsThis bill allows localities to prohibit the carry of firearms or ammunition at any permitted event, or any event that would otherwise require a permit. This legislation is a solution in search of a problem. The only casualties in recent memory at such events were the victims of the intentional use of a vehicle as a weapon. A recent protest at the Robert E. Lee statue in Richmond was attended by people lawfully carrying firearms and there were no issues. Current laws already cover any crimes that can be committed at such events. Disarming the law abiding does NOT make them safer.

Concealed handgun permits; demonstration of competence. Removes the option for concealed handgun permit applicants to demonstrate competence with a handgun by completing an electronic, video, or online course conducted by a state-certified or National Rifle Association-certified firearms instructor. The bill does not affect any in-person means of satisfying the requirement to demonstrate competence with a handgun under current law.

VCDL CommentsThis bill removes online training as an option for those wishing to get a concealed handgun permit. HB 91 is a solution to a non-existent problem and would hurt those who might be in a hurry to get their concealed carry permit due to an unanticipated and immediate threat to their life.

Purchase of handguns; limitation on handgun purchases; penalty. Prohibits any person who is not a licensed firearms dealer from purchasing more than one handgun in a 30-day period and establishes such an offense as a Class 1 misdemeanor. The bill exempts from this provision (i) persons who have been issued a certificate by the Department of State Police under certain circumstances and with an enhanced background check, (ii) law-enforcement agencies and officers, (iii) state and local correctional facilities, (iv) licensed private security companies, (v) persons who hold a valid Virginia concealed handgun permit, (vi) persons whose handgun has been stolen or irretrievably lost or who are trading in a handgun, (vii) purchases of handguns in a private sale, and (viii) purchases of antique firearms.

VCDL CommentsThis bill reinstates the old "One Handgun a Month" law. There was no evidence to show that the old One Handgun a Month law did anything to reduce crime or gun trafficking. Improvements in the background check system over the years have also made the bill unnecessary.

Transfer of firearms; criminal history record information check; penalties. Requires that a criminal history record information check be performed on the prospective transferee before a vendor, defined in the bill, may transfer firearms at a gun show. A violation is a Class 6 felony. The bill also requires that the promoter of a firearms show post notice of the requirement for a criminal history record information check and provide vendors with access to licensed dealers who will conduct the criminal history record information check. The bill repeals a provision added by the 2016 Session of the General Assembly that requires the Department of State Police to be available to perform background checks for non-dealer sales at firearms shows if requested by a party involved in a transaction.

VCDL CommentsThis bill requires all private sales at gun shows go through a background check. The Virginia State Crime Commission did not recommend this approach when asked ten years ago. A gun show may not even be able to find a willing dealer to do such background checks due to the paperwork and the mandatory 20-year retention of that paperwork. This bill will unnecessarily raise the price of privately sold guns and puts an unreasonable burden on the gun show promoter to identify all private sellers before the show even begins. The result will be to make it much harder to hold a gun show in Virginia. Gun shows bring a lot of revenue to the Commonwealth. According to a report from the U.S. Department of Justice, less than 1% of guns used in crimes are purchased at gun shows, so this bill will have no noticeable affect on crime. Finally, the private sale background check requirement is just the first step in ultimately setting up a "Universal Background Check" scheme that can only be enforced by means of a "Universal Gun Registration."

Firearm transfers; criminal history record information checks; penalty. Requires a background check for any firearm transfer and directs the Department of State Police (the Department) to establish a process for transferors to obtain such a check from licensed firearms dealers. A transferor who sells a firearm to another person without obtaining the required background check is guilty of a Class 6 felony. The bill exempts transfers (i) between immediate family members, (ii) that occur by operation of law, (iii) by the executor or administrator of an estate or by the trustee of a testamentary trust, and (iv) that are temporary and occur in the presence of the owner of the firearm or are necessary to prevent imminent death or serious bodily injury. The bill removes the provision that makes background checks of prospective purchasers or transferees at firearms shows voluntary. The bill also provides that the Department shall have three business days to complete a criminal history record information check before a firearm may be transferred.

VCDL CommentsThis bill, a "kitchen sink" gun-control bill, requires that all private sales of firearms go through a federal firearms licensed dealer ("Universal Background Check"). The dealer may charge up to a $15 fee for the transfer. The bill makes it illegal for a person from another state to purchase a long gun in Virginia, unless they are a dual resident of Virginia and the other state. It also triples the number of days that the State Police can drag their heels when approving the sale of a firearm. This bill will do nothing about crime, but will make it harder and more expensive for a citizen to sell or trade one of his firearms to another citizen. No dealer is required to make such a transfer, possibly making a private transfer all but impossible or not possible in a timely manner. The dealer's and State Police fees will raise the price of the firearm. Finally, this bill will also lead to an inevitable "Universal Registration" scheme at some point in the future to provide for enforcement. Firearms confiscation is the end goal, as is happening right now in California and Hawaii with their universal background checks and associated gun registrations. Illinois has universal background checks, but a 2015 survey of criminals in Illinois prisons showed that only 3% got their firearms after going through a background check! The rest got their guns using straw purchases, theft, from friends, from family, and the black market. Finally, this bill strips a person from 18 to 20 years-old from being able to legally own a handgun, unless that handgun was a gift from a parent. Under current law it is legal for someone in that age range to purchase a handgun from a private seller.

Reporting lost or stolen firearms; civil penalty. Requires a person who lawfully possesses a firearm to report the loss or theft of the firearm to any local law-enforcement agency or the Department of State Police within 24 hours after such person discovers the loss or theft or is informed by a person with personal knowledge of the loss or theft. The bill requires the relevant law-enforcement agency to enter the report information into the National Crime Information Center (NCIC). A violation is punishable by a civil penalty of $250 for a first offense and not less than $250 or more than $1,000 for any subsequent offense. The bill provides that a person who, in good faith, reports the loss or theft is immune from criminal or civil liability for acts or omissions that result from the loss or theft; the immunity does not apply to a person who knowingly gives a false report. The bill does not apply to the loss or theft of an antique firearm.

VCDL CommentsThis bill requires that a person report a lost or stolen firearm within 24 hours of discovering the firearm is lost or stolen. The penalty is $50 for the first offense and between $100 and $250 for subsequent offenses. A person in good faith who reports such a lost or stolen firearm is immune from any criminal or civil damage from acts using the firearm. The victim gets punished twice: once by the theft or loss and next by the government for not reporting the loss quickly enough. Who's to say exactly when the victim "discovered" the loss or theft? The bill also is setting a precedent that the victim is somehow liable for the misuse of a stolen firearm if he doesn't report it stolen quickly enough.

Prohibition of sale, transfer, etc., of certain firearms magazines; penalties. Prohibits any person from selling, bartering, or transferring a firearms magazine designed to hold more than 10 rounds of ammunition. A violation is a Class 1 misdemeanor. The bill prohibits a person from carrying semi-automatic center-fire firearms that will hold more than 10 rounds of ammunition in a public place; under existing law, this prohibition applies only in certain localities and only to such firearms if the firearm is loaded and will hold more than 20 rounds of ammunition. The bill redefines "assault firearm" by reducing the threshold number of rounds of ammunition that the magazine will hold from more than 20 to more than 10 and prohibits dealers from transferring an assault firearm to any person. The bill reduces from more than 20 to more than 10 the number of rounds of ammunition in an assault firearm at which it is unlawful for a person younger than 18 years of age to possess such assault firearm.

VCDL CommentsThis bill makes magazines that hold more than 10 rounds illegal to purchase, import, barter, or transfer under penalty of a felony. It makes it unlawful to carry a loaded or unloaded centerfire semi-automatic rifle or pistol anywhere in the Commonwealth if the gun is equipped with a magazine that will hold more than 10 rounds. Concealed handgun permit holders, police, and military are exempt from this provision, otherwise it is a felony. The bill also makes "assault weapons" illegal to possess or transport for anyone but police and military and existing ownership of such guns is not grandfathered. This bill is "feel good" measure that is a major assault on the right of the People to keep and bear arms and is going to make felons out of unwary gun owners. All of the provisions in this bill are addressing non-issues in the Commonwealth.

Protective orders; possession of firearms; penalty. Provides that it is a Class 6 felony for a person who is subject to a permanent protective order (i.e., a protective order with a maximum duration of two years) for subjecting another person to an act of violence, force, or threat to possess a firearm while the order is in effect, which is equivalent to the existing penalty for possession of a firearm by a person subject to a permanent protective order for family abuse. The bill also provides that such person may continue to possess and transport a firearm for 24 hours after being served with the order for the purposes of selling or transferring the firearm to another person.

VCDL CommentsThis bill takes away a person's right to possess a firearm if there is a permanent protective order out against them.

Allowing access to firearms by children; penalty. Provides that any person who leaves a loaded, unsecured firearm in such a manner as to endanger the life or limb of any person under the age of 18 is guilty of a Class 6 felony. Current law provides that any person who recklessly leaves a loaded, unsecured firearm in such a manner as to endanger the life or limb of any child under the age of 14 is guilty of a Class 3 misdemeanor.

VCDL CommentsThis bill removes the "reckless" requirement, raises the age requirement from 14 to 18, and increases the penalty from a misdemeanor to a felony for someone who leaves a loaded, unsecured firearm in such a manner as to endanger life or limb of someone under the age of 18. For someone to be charged with a felony, their actions should be reckless. Also, if a person's home is broken into by a 17-year-old and there is a loaded gun on a table, the homeowner could be charged with a felony under this bill. The homeowner's actions weren't reckless, as they weren't expecting anyone under 18 to be in their home, but without the reckless requirement, the homeowner could be charged because they are "endangering the life or limb of a person under the age of 18!" Finally, a person under 18-years-old can be both very mature and have had training with firearms where leaving the loaded firearm out is not dangerous. In fact there have been plenty of cases where a person under 18-years-old has used a firearm to stop a violent home-invasion.

Firearm transfers; penalties. Creates a Class 2 misdemeanor for a person who is not a licensed dealer to sell, rent, trade, or transfer a firearm to any other person who is not a licensed dealer. The bill also creates a Class 2 misdemeanor for a person who is not a licensed dealer to buy, rent, trade, or transfer a firearm from any other person who is not a licensed dealer. The bill exempts certain transfers, including between immediate family members, by operation of law, at a firearms show with a background check, at a shooting range, at a voluntary gun buyback programs, transfers of antique firearms, and when the transfer is temporary and (i) is necessary to prevent imminent death or great bodily harm or (ii) occurs while in the continuous presence of the owner of the firearm.

VCDL CommentsThis bill requires that all private sales of firearms go through a federal firearms licensed dealer ("Universal Background Check"). This bill will do nothing about crime, but will make it harder and more expensive for a citizen to sell or trade one of his firearms to another citizen. No dealer is required to make such a transfer, possibly making a private transfer all but impossible or not possible in a timely manner. The dealer may charge a fee of up to $15, raising the price of the firearm. Finally, this bill will also lead to an inevitable "Universal Registration" scheme at some point in the future to provide for enforcement. Firearms confiscation is the end goal, as is happening right now in California and Hawaii with their universal background checks and associated gun registrations. Illinois has universal background checks, but a 2015 survey of criminals in Illinois prisons showed that only 3% got their firearms after going through a background check! The rest got their guns using straw purchases, theft, from friends, from family, and the black market. Finally, this bill strips a person from 18 to 20 from being able to legally own a handgun, unless that handgun was a gift from a parent. Under current law it is legal for someone 18 to 20 years old to purchase a handgun from a private seller.

Purchase of handguns; limitation on handgun purchases; penalty. Prohibits any person who is not a licensed firearms dealer from purchasing more than one handgun in a 30-day period and establishes such an offense as a Class 1 misdemeanor. The bill exempts from this provision (i) persons who have been issued a certificate by the Department of State Police under certain circumstances and with an enhanced background check, (ii) law-enforcement agencies and officers, (iii) state and local correctional facilities, (iv) licensed private security companies, (v) persons who hold a valid Virginia concealed handgun permit, (vi) persons whose handgun has been stolen or irretrievably lost or who are trading in a handgun, (vii) purchases of handguns in a private sale, and (viii) purchases of antique firearms.

VCDL CommentsThis bill reinstates the old "One Handgun a Month" law. There was no evidence to show that the old One Handgun a Month law did anything to reduce crime or gun trafficking. Improvements in the background check system over the years have also made the bill unnecessary.

Relating to possession of certain firearms by minors; parental permission; penalty. Requires any minor who possesses certain firearms in the home or on the property of his parent, grandparent, or legal guardian to have prior permission from such parent, grandparent, or legal guardian to possess such firearms.

VCDL CommentsThis bill adds the requirement that a parent, grandparent, or legal guardian must give prior permission for a person under 18 years-old to possess a handgun or "assault weapon" in the parent's, grandparent's, or legal guardian's own residence. This bill puts the State in a position of interfering with parental discretion in a person's private residence. An invasive solution to a non-existent problem.

Firearm transfers; criminal history record information checks; penalty. Requires a background check for any firearm transfer and requires the Department of State Police to establish a process for transferors to obtain such a check from licensed firearms dealers. A transferor who fails to obtain a required background check and sells the firearm to another person is guilty of a Class 1 misdemeanor. The bill exempts transfers between immediate family members, transfers that occur by operation of law, transfers by the executor or administrator of an estate or by the trustee of a testamentary trust, and temporary transfers that (i) occur within the continuous presence of the owner of the firearm; (ii) are necessary to prevent imminent death or serious bodily injury; (iii) occur at a shooting range, shooting gallery, or other area designed for the purpose of target shooting, for use during target practice, a firearms safety or training course or class, a shooting competition, or any similar lawful activity; or (iv) are for the purpose of and while the transferee is engaged in hunting, trapping, or target shooting. The bill removes the provision that makes background checks of prospective purchasers or transferees at firearms shows voluntary.

VCDL CommentsThis bill requires that all private sales of firearms go through a federal firearms licensed dealer ("Universal Background Check"). This bill will do nothing about crime, but will make it harder and more expensive for a citizen to sell or trade one of his firearms to another citizen. No dealer is required to make such a transfer, possibly making a private transfer all but impossible or not possible in a timely manner. The dealer may charge a fee of up to $15, raising the price of the firearm. Finally, this bill will also lead to an inevitable "Universal Registration" scheme at some point in the future to provide for enforcement. Firearms confiscation is the end goal, as is happening right now in California and Hawaii with their universal background checks and associated gun registrations. Illinois has universal background checks, but a survey of criminals in Illinois prisons showed that only 2% got their firearms after going through a background check! The rest got their guns using straw purchases, theft, from friends, from family, and the black market. Finally, this bill strips a person from 18 to 20 years-old from being able to legally own a handgun, unless that handgun was a gift from a parent. Under current law it is legal for someone in that age range to purchase a handgun from a private seller.

Localities; regulation of firearms in government buildings. Allows localities to regulate the possession of firearms, ammunition, or components or combination thereof in, or the carrying of firearms, ammunition, or components or combination thereof into, any building owned or used by such locality for governmental purposes. Current law prohibits localities from adopting or enforcing any ordinance, resolution, or motion regarding firearms, ammunition, or components or combination thereof unless expressly authorized by statute.

VCDL CommentsThis bill guts Virginia's firearms preemption laws. It not only allows localities to create a confusing patchwork of areas where possession of a firearm, ammunition, and components of the same are prohibited, it also removes the restrictions on localities controlling the purchase, transfer, ownership, carrying, storage, and transporting of those items. This bill takes us back to the days when local gun laws were so confusing that no one knew what all of them were, even the police. Current law allows only the General Assembly, with its 140 members vs 5 - 9 members for local government, to make a case-by-case decision on anything affecting firearms, making for a set of uniform gun laws across the Commonwealth.

Firearms; removal from persons posing substantial risk; penalties. Creates a procedure by which an attorney for the Commonwealth or law-enforcement officer may apply to a circuit court judge for a warrant to remove firearms from a person who poses a substantial risk of injury to himself or others. If firearms are seized pursuant to such warrant, the bill requires a court hearing within 14 days from execution of the warrant to determine whether the firearms should be returned or retained by law enforcement. Seized firearms may be retained by court order for up to 180 days or, with court approval, may be transferred to a third party chosen by the person from whom they were seized. Persons who have been served with a warrant to remove firearms until such warrant has been dissolved by a court or who are the subject of an order to retain firearms are guilty of a Class 1 misdemeanor for purchasing, possessing, or transporting a firearm; are disqualified from having a concealed handgun permit; and may not be employed by a licensed firearms dealer. The bill also provides that a person who transfers a firearm to a person he knows has been served with a warrant or who is the subject of an order is guilty of a Class 6 felony.

VCDL CommentsThis bill creates a sweeping new order that allows for confiscation of a person's firearms solely based on a sworn "probable cause" statement by law enforcement or a Commonwealth Attorney that the person is a substantial risk of injuring himself or others. Probable cause is not the same standard we use to convict someone of a crime, yet a person's rights are usurped by this bill as if they were actually convicted of the accusations. Constitutionally, due process protections are required in order to strip someone of their fundamental civil rights. Under this bill, a person can have his firearms rights removed for a full two weeks before the person has his first chance at due process. There are no legal protections if the firearms are damaged or lost by the police. It has no penalties if the police do not comport with the requirements to return seized items in a timely fashion or penalties for failure of the police to follow any of the other provisions. We must protect a citizen's right to due process and not go down the dangerous path where this bill, with its potential for abuse, leads us.

Control of firearms by localities; lawful demonstrations and protests. Allows a locality to adopt an ordinance that prohibits the possession or transportation of firearms, ammunition, or components or a combination thereof, during a demonstration, march, parade, protest, rally, or other similar event. Such an ordinance shall not apply to any law-enforcement officer, armed security officer, member of the Armed Forces of the United States, member of the Armed Forces Reserves, or member of the National Guard acting in the performance of his lawful duties or to any person having a valid concealed handgun permit.

VCDL CommentsThis bill allows localities to prohibit the otherwise lawful open carrying of firearms at a demonstration, march, parade, protest, rally, or other similar event. Law enforcement, military, and concealed handgun permit holders are exempted. This legislation is a solution in search of a problem. The only casualties in recent memory at such events were the victims of the intentional use of a vehicle as a weapon. A recent protest at the Robert E. Lee statue in Richmond was attended by people lawfully carrying firearms and there were no issues. Current laws already cover any crimes that can be committed at such events. Disarming the law abiding does NOT make them safer.

Dangerous weapons; place of religious worship. Requires a person to have the express authorization of a place of religious worship to carry certain weapons to such place of worship while a meeting for religious purposes is being held. Current law requires such person to have a good and sufficient reason to do so.

VCDL CommentsThis bill requires specific permission from a church before a person can carry a firearm there. This is the government dictating to churches how they should handle security. It's quite possible that a church is comfortable with people carrying, but doesn't want to have to give each person specific permission. Churches can use existing trespass laws to more effectively set policies.

Prohibition on carrying of certain firearms in public places; County of Albemarle and City of Charlottesville; penalty. Adds the County of Albemarle and the City of Charlottesville to the list of localities in which it is unlawful for a person to carry certain firearms in public places.

VCDL CommentsThis bill adds Charlottesville and Albemarle County to the list of localities where there are restrictions on the carry of certain loaded firearms. VCDL has been unable to find any cases where this code section has been enforced, much less any convictions. This code section should be repealed as unnecessary.

Regulation of attire at a public assembly. Authorizes a locality to pass an ordinance to regulate, restrict, or prohibit the wearing of any combination of attire or weaponry commonly associated with military combat, paramilitary operations, or warfare that gives the impression that the wearer is an on-duty member of the United States Armed Forces, an official law-enforcement agency, or the militia during any permitted assembly of persons or movement of persons or vehicles if such attire constitutes a threat to the public safety or welfare.

VCDL CommentsThis bill allows localities to make arbitrary restrictions and prohibitions based on how person is dressed and any "weaponry" a person is possessing. This language of this bill is so vague as to allow localities to be able to control, and even prohibit, the open carry of firearms pretty much at will.

Localities; regulation of firearms in government buildings. Allows localities to regulate the possession of firearms, ammunition, or components or combination thereof in, or the carrying of firearms, ammunition, or components or combination thereof into, any building owned or used by such locality for governmental purposes. The bill also allows localities to regulate the possession of firearms, ammunition, or components or combination thereof in, or the carrying of firearms, ammunition, or components or combination thereof into a park or recreation area owned or used by such locality for governmental purposes, provided that at each public entrance to such park or recreation area there is (i) at least one law-enforcement officer or armed security officer; (ii) at least one metal detection device; and (iii) an inspection area where each person that enters the park or recreation area may have any bag, package, or other container that he is carrying inspected by a law-enforcement officer or armed security officer. Current law prohibits localities from adopting or enforcing any ordinance, resolution, or motion regarding firearms, ammunition, or components or combination thereof unless expressly authorized by statute.

VCDL CommentsThis bill destroys existing firearms preemption law by allowing localities to be able to control the purchase, possession, transfer, ownership, carry, storage, or transporting of a firearm. It specifically provides that a locality can ban firearms in government buildings and parks. This bill takes us back to the days when local gun laws were so confusing that no one knew what all of them were, even the police. Current law allows only the General Assembly, with its 140 members vs 5 - 9 members for local government, to make a case-by-case decision on anything affecting firearms, making for a set of uniform gun laws across the Commonwealth.

Mechanical devices designed to increase the rate of fire of firearms; penalty. Prohibits the manufacture, import, sale or offer to sell, possession, transfer, or transportation of any device used to increase the rate of fire of any semi-automatic firearm beyond the capability of an unaided person to operate the trigger mechanism of that firearm. A violation is punishable as a Class 1 misdemeanor.

VCDL CommentsThis bill makes any firearm accessory illegal that can increase the rate-of-fire of a semi-automatic firearm "beyond the capability of an unaided person." There is no grandfathering of any existing devices. This law would be unenforceable as a person can bump fire an unmodified semi-automatic firearm with just their bare hands using a well-known technique. Also, there are people who can pull the trigger on a conventional semi-automatic firearm so quickly that they basically match the speed of bump firing. Here is a video showing the president of VCDL bump firing an unmodified semi-automatic firearm using only his bare hands: (https://tinyurl.com/ycb6lxto). Here is a shooter, simply pulling the trigger as quickly as he can, keeping up with a firearm equipped with a bump stock: (https://tinyurl.com/qds9vrb). Here is another video of the same shooter firing 40 rounds in 6.48 seconds. That is a cyclic rate of 370 rounds per minute: (https://tinyurl.com/y9q2r9ux) !

Possession or transportation of firearms following convictions for certain misdemeanor crimes; restoration of rights; penalty. Prohibits a person who has been convicted of stalking, sexual battery, assault and battery of a family or household member, brandishing a firearm, or two or more convictions of assault and battery from possessing or transporting a firearm. A person who violates this provision is guilty of a Class 1 misdemeanor. The bill provides for a process by which a person convicted of such crimes may petition the circuit court for a reinstatement of his right to possess or transport a firearm.

VCDL CommentsThis bill takes away a person's right to purchase, possess, or transport a firearm if they are convicted for certain misdemeanors. Misdemeanors should never be used to strip away person's civil right to purchase, possess, or transport a firearm.

Carrying a switchblade knife; exception. Authorizes any person who has a valid concealed handgun permit to carry a switchblade knife concealed when such knife is carried for the purpose of engaging in a lawful profession or lawful recreational activity the performance of which is aided by the use of a switchblade knife.

VCDL CommentsThis bill allows a concealed handgun permit holder to carry a concealed switchblade knife for purposes of his profession or for lawful recreational activity, the performance of which is aided by the use of a swtchblade knife. If lawful self-defense is added to this bill, then it would be strongly supported.

Purchase, possession, or transportation of firearms by persons voluntarily admitted to an inpatient mental health facility; penalty. Prohibits a person voluntarily admitted to a state hospital or mental health facility for inpatient treatment from purchasing, possessing, or transporting a firearm while receiving inpatient treatment and for two weeks following the date on which he is discharged from inpatient treatment. The bill requires the state hospital or mental health facility to notify the person seeking admission of such prohibition, to receive written consent from the person seeking admission to have his firearm rights temporarily revoked, and to disclose information regarding his admission to treatment to the State Police for entry in the Central Criminal Records Exchange prior to admitting such person for treatment.

VCDL CommentsThis bill takes away the right to purchase, transport, or possess a firearm during the time that a person is getting voluntarily-admitted inpatient treatment at a mental health facility and for two weeks after the treatment is complete. This bill is not ready for primetime. Some concerns include having too strict of a criminal penalty for somebody who is trying to get help (nothing like getting charged with a crime to help your depression), and confusion over a person's status when purchasing a gun because they will have to say on the purchase form that they were voluntarily admitted to a mental health institution, yet there is no way to indicate that the prohibition had been lifted. A misstatement on the purchase form is a felony. Since the person knows they have a problem and are seeking help, perhaps it should just be left up to them to decide what to do with their firearms during that time and not complicate their lives with legal pitfalls.

Department of Criminal Justice Services; guidance documents for petitions to restore firearms rights. Requires the Department of Criminal Justice Services, in consultation with the Office of the Secretary of the Commonwealth and the Office of the Executive Secretary of the Supreme Court of Virginia, to develop guidance documents for judges on handling petitions from convicted felons to possess, transport, or carry a firearm, ammunition for a firearm, or a stun weapon.

VCDL CommentsThis bill provides that DCJS, in consulation with the Office of the Secretary of the Commonwealth and the Office of the Executive Secretary of the Supreme Court of Virginia, will develop guidance documents for judges on handling petitions from convicted felons to possess, transport, or carry a firearm, ammunition for a firearm, or a stun weapon. Without seeing the contents of those guidance documents, VCDL cannot support such a bill.

Department of Criminal Justice Services; guidance documents for petitions to restore firearms rights. Requires the Department of Criminal Justice Services, in consultation with the Office of the Secretary of the Commonwealth and the Office of the Executive Secretary of the Supreme Court of Virginia, to develop guidance documents for judges on handling petitions from convicted felons to possess, transport, or carry a firearm, ammunition for a firearm, or a stun weapon.

VCDL CommentsThis bill provides that DCJS, in consulation with the Office of the Secretary of the Commonwealth and the Office of the Executive Secretary of the Supreme Court of Virginia, will develop guidance documents for judges on handling petitions from convicted felons to possess, transport, or carry a firearm, ammunition for a firearm, or a stun weapon. Without seeing the contents of those guidance documents, VCDL cannot support such a bill.

Marijuana; reduced penalties for distribution or possession with intent to distribute. Raises the threshold amount of marijuana subject to the offense of distribution or possession with intent to distribute from one-half ounce to one ounce. The bill also reduces the criminal penalties for distribution of or possession with intent to distribute certain greater weights of marijuana and creates a rebuttable presumption that a person who possesses no more than one ounce of marijuana possesses it for personal use.

VCDL CommentsThis bill reduces penalties for possession of certain quantities of marijuana. The bill, as written, does not change the penalties as they currently apply to a person in possession of a firearm. If those penalties are increased, then this bill will be strongly opposed.

Stolen firearms; penalties. Creates or enhances penalties for crimes related to larceny of a firearm or use of a stolen firearm during the commission of a felony. The bill provides that it is (i) a Class 3 felony with a five-year mandatory minimum sentence to commit larceny of a firearm with the intent to sell or distribute and (ii) a Class 5 felony with a two-year mandatory minimum sentence to sell or distribute, attempt to sell or distribute, or possess with the intent to sell or distribute a stolen firearm. The bill adds a one-year mandatory minimum sentence to the crime of receiving a stolen firearm, which is a Class 6 felony. Finally, the bill increases the mandatory minimum sentences for possession of a firearm during the commission of a felony, if such firearm was stolen, from three years to five years for a first offense and from five years to 10 years for a second or subsequent offense.

VCDL CommentsThis bill increases penalties for possession or use of stolen firearms.

Restoration of firearms rights; convicted felons. Requires the court to find by clear and convincing evidence that a person convicted of a violent felony, whose civil rights have been restored by the Governor or other appropriate authority, who has petitioned for a permit to possess or carry a firearm is not a risk to public safety and poses no present or future danger to himself or others prior to granting the petition and issuing the permit. Current law provides for a standard of good cause shown.

VCDL CommentsThis bill raises the standard from "good cause shown" to "clear and convincing evidence" for courts considering the restoration of firearms rights for a person who was convicted of a violent felony.

Licensed family day homes; storage of firearms. Requires that firearms, other weapons, and ammunition in a licensed family day home be stored in a locked closet, cabinet, or container during the family day home's hours of operation unless they are being lawfully carried on an individual's person. The bill requires that such firearms and weapons be stored unloaded and apart from ammunition and that the key or combination to such locked storage places be maintained out of reach of all children in the family day home.

VCDL CommentsThis bill requires firearms, other weapons, and ammunition in licensed family day homes be stored in locked closets, cabinets, or containers during hours of operation. It exempts the lawful carry of a firearm on an individual's person. If the last provision is removed, this bill will be strongly opposed.